The purpose of this article is to establish, in accordance with the Comprehensive Plan of the Town of Fallsburg, a well-integrated and coordinated Planned Unit Development District which is sufficiently flexible to permit an orderly development responsive to the various needs of the community and regulated to protect and safeguard the health, safety and welfare of the inhabitants thereof and adjacent thereto with the view of conserving the value of buildings and encouraging the most appropriate use of land in the district.
As used in this article, unless the context or subject matter otherwise requires:
- CLUSTER HOUSING DEVELOPMENT
- A form of development whereby the minimum lot size is reduced below the requirements of this chapter if the land thereby gained is preserved as open space.
- A plan or project that contains one or more structures similar in size and purpose or naturally complimentary to each other, which, for the purposes of this article, shall be treated as one planning unit and for which a single separate building permit may be obtained.
- SPECIAL USE AREA
- A tract of land sufficient in size to contain one or more developments and which is established for the exclusive location of one or more classification of uses permitted under each section of this article.
- TOWNHOUSE GROUP LOT
- The land upon which a group of attached individual townhouse dwelling units shall be situated.
- TOWNHOUSE INDIVIDUAL LOT
- The lot upon which the individual townhouse dwelling unit is situated.
Specific uses. In Planned Unit Development District No. 7, no buildings or other structure or land shall be located in other than a separate special use area, grouped together and used for any purpose other than:
One-family dwellings and accessory uses and buildings and recreational facilities for the use of the occupants of said districts.
Row or townhouses and recreational facilities, for the use of occupants of said districts.
Homeowners' recreational facilities, including swimming pools and beaches, ice-skating rinks, tennis courts, handball courts, volleyball courts, playing fields, theaters, existing nightclub and playhouse facilities or replacements thereof, and similar or customarily related uses or facilities.
Commercial uses which shall be limited to not more than six service-type stores such as food markets, variety and sundry shops, barbershops or beauty parlor, meat market, kosher food purveyor, coffee shop, and the like, which commercial usage shall be situated in existing public buildings or replacements thereof or in unit rental buildings hereinafter described; additionally, there may be constructed up to two buildings containing units for rental, with no advertising signs on or about the premises relating thereto, which shall contain a maximum of 50 rental units for rental by day, week, or month to relatives, friends, neighbors, associates, persons in some fashion related to occupants of the development and not solicited off the streets or the highways.
Accessory uses. Customary accessory buildings and uses, such as but not limited to repair shops, storage sheds, maintenance barns, parking areas and storage areas to be used in conjunction with the principal building or use.
The following area, yard and height restrictions shall apply, subject however to the average density modifications set forth in Article XIV, Cluster Developments.
Area per dwelling unit and lot dimensions. For a single-family dwelling, the minimum land area shall be 6,000 square feet and the minimum width of the lot at the front building line shall be not less than 60 feet and the minimum floor area of the building shall be 800 square feet, excluding the basement. However, no ground floor on said building shall be less than 500 square feet.
Front yards. No single-family dwelling, or part thereof other than steps, open porches, eaves and cornices and similar fixtures, shall extend nearer the front street line (right-of-way) than 25 feet from said street line.
Rear yards. No single-family dwelling, or part thereof other than steps, open porches, eaves and cornices and similar fixtures, shall extend nearer to the rear property line than 25 feet. When a building or property extends through a block from street to street, the front yard requirements shall be observed on both streets.
Side yards. No single-family dwelling, or part thereof other than steps, open porches, eaves and cornices and similar fixtures, shall extend nearer to the side property line than 12 feet.
Corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards as provided in Subsection B of this section. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 60 feet.
Height. No dwelling shall exceed 2 1/2 stories above final grade or 35 feet in height above final grade of the topmost part of the roof.
Parking. For each dwelling unit, 1 1/2 automobile parking spaces shall be provided.
The following area, yard and height restrictions shall apply, subject however to the average density modifications set forth in Article XIV, Cluster Developments:
No detached private garage or other accessory building shall be placed closer than 10 feet to the rear line of a lot, or closer to a side line of a lot 12 feet, and for each foot the height of such building exceeds 17 feet, the offset from the rear and side lines shall be increased by one foot. Attached garages or carports built as a structural part of a dwelling, with or without a breezeway connection, shall require the same front and side yards as a dwelling. However, an attached garage or carport may extend into a required rear yard to the same extent as an unattached garage. Detached garages shall be treated in the same manner as attached garages.
No garage or other accessory building shall be used as a dwelling.
Except for necessary retaining walls, no fence or wall shall exceed four feet in height.
Row and townhouses shall not be governed by any of the foregoing regulations but only by the following; subject, however, to the average density modifications set forth in Article XIV, Cluster Developments:
Area and density. No more than 12 dwelling units shall be permitted per acre. The minimum land area or lot size per dwelling unit shall be 1,600 square feet. The minimum width of each dwelling unit shall be 20 feet. Individual dwelling units shall not cover more than 40% of the townhouse individual lots upon which they are constructed. There shall not be more than 12 dwelling units in any one row or townhouse building.
Front yards. No single-family dwelling, or part thereof other than steps, open porches, eaves and cornices and similar fixtures, shall extend closer to the front street line (right-of-way) than 25 feet.
Rear yards. There shall be a rear yard with a depth of not less than 20 feet except when the rear lot line touches a greenbelt area; then and in that event, the rear yard depth shall be five feet.
Side yards. For row or townhouse buildings which shall not contain more than 12 contiguous dwelling units, the side yard setback shall be not less than 25 feet to the side property line, or in the case of two or more row or townhouse buildings on a lot, the distance between said buildings shall not be less than 30 feet. Individual townhouse lots attached to adjoining townhouse lots shall have no setback on the attached side and further shall have no setback on lots contiguous to green areas.
Averaging of requirements. Notwithstanding the foregoing, in a project consisting of two or more townhouse group lots, the maximum density per acre or other requirements aforesaid may be deviated from, provided that the overall requirements when averaged shall equal or exceed the above standards. The purpose of this exception is to permit flexibility of design and to provide for unusual topographical situations.
Height and length. No row or townhouse building shall exceed 2 1/2 stories in height above final grade at the topmost part of the roof. No row or townhouse building shall exceed 225 feet in length.
Parking. For each dwelling unit, 1 1/2 automobile parking spaces shall be provided.
Rental units and facilities, recreational facilities, fishing facilities, miniature golf courses, swimming pools and beaches, ice-skating rinks, tennis courts, handball courts, volleyball courts, playing fields, theaters, nightclubs meeting places, playing fields and similar or customarily related uses or facilities.
Area and coverage. No rental unit building or recreational building or structure shall cover more than 50% of the land area upon which it is constructed.
Front, side and rear yards. No nonresidential building shall be closer than 50 feet from the building lot line of any residential building lot which it adjoins.
Height restrictions. No rental unit building shall be any greater than two stories in height; no other building shall be any higher than existing buildings on the premises which are used for nonresidential purposes, and replacements of existing buildings shall be no higher than existing buildings.
Commercial activities. The limited commercial uses set forth in this chapter shall be located in recreational, public or rental buildings which exist on the date of the enactment of this chapter or in replacements thereof, including the buildings to be constructed for the purpose of containing rental units. The rental units shall be situated on the premises in the location of the existing Governor Building with a second such building to be located just southerly thereof.
Corner lots. All nonresidential buildings and other structures built on corner lots shall conform to the requirements of this chapter.
Nothing contained in this article shall prohibit the transfer of ownership of individual dwelling units in multifamily dwelling as condominiums or of the individual dwelling units in row or townhouses; provided, however, that there shall be maintained, by way of owner associations, joint ownership, easements or permanent agreements, the required standards as set forth in this article for the use and benefit of the inhabitants thereof.
Commercial and residential rental uses permitted shall be situated in the buildings presently in existence and devoted to public uses on the date of the adoption of this chapter in replacements thereof, or in the rental buildings authorized hereunder in the location of the present Governor Building and immediately to the south thereof.
Where a lot in any use area, other than any type residential, abuts a lot in a residential use area, a strip 12 feet wide immediately adjacent to said residential lot shall not be used for storage of any material or goods, parking or roadway, and shall be suitably landscaped and screened.
Permitted use cluster developments shall be a permitted use within this Planned Unit Development District.
Restrictions and conditions.
Density. The proposed residential development must create an attractive residential environment; produce a total average density as specified if row houses or townhouses, provide aggregate open space to be no less than that required in the area in which it is located; guarantee permanent retention of open areas and insure care and maintenance of open space.
Time limitations. Development must start within two years of the date of approval and be completed within a reasonable time; it must be consistent with the spirit and intent of this chapter and plans must be prepared with competent professional advice.
Area, yard and height restrictions. The area, yard and height restrictions for each type of unit within a cluster housing development shall be the same as elsewhere herein provided for such type of unit; provided, however, that the minimum yard, area, and height requirements may be reduced below the requirements set forth for such types of dwelling units if the land thereby gained is preserved as open space.
Preservation of open land. For each square foot of land gained within a residential subdivision through the reduction of lot size below that required by minimum average density requirements as set forth in this chapter, equal amounts of land shall be preserved and maintained as open land.
Grant to lot owners. Such land shall be held in corporate ownership by the owners of lots within the development or retained by the developer but with such lot owners having rights to the use thereof, and the developer shall incorporate into the deeds of all lots within the development a clause giving to the owners the right to sue such open land which shall be used for recreational purposes only. No structure except those incidental to the recreational use shall be permitted thereon. In the case of such tracts of open area, the developer may petition to the Town or municipality to take over the land to be used in perpetuity as open space.
Within a cluster development, there need not be provided for each residential lot a separate contiguous parking space or spaces, but rather, there may be common parking lots or areas serving numbers of residences in the area of such parking areas, provided that the ratio of 1 1/2 parking spaces for each residential unit is maintained.
Within a cluster development, there need not be road frontage or right-of-way frontage for each residential lot sold so long as adequate easements and rights of ingress and egress are granted to each residential lot affording to it adequate access to and from public and private roads and rights-of-way and parking areas, walkways and the like. It is the intention of this provision to permit cluster developments to be established without road frontage or right-of-way frontage for the lots being sold and any references in other parts of this article to frontage on a public or private road or right-of-way may be and is waived with respect to cluster developments, provided that such adequate access is granted to each lot owner.
In cases where the developer has designed special groups of dwellings and garages not conforming with the provisions of this chapter, the Zoning Board of Appeals, after referral to and report by the Planning Board, may approve such nonconformity, provided that the sanitary systems are approved by the appropriate health authorities, that the average density does not exceed the permitted minimum or that the layout is not detrimental to the health and welfare of the community.
Unless otherwise specifically provided, all the provisions of this chapter shall apply to this Planned Unit Development District.